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Divij Joshi

Divij Joshi is a lawyer and tinkers in technology and policy. He tweets @divijualsuspect.

Copyright

SaReGaMa Pa-rdon Me, You Have the Wrong Address: On the Perils and Pitfalls of Notice and Takedown

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The universe surely has a strange sense of humour. Imagine our surprise when we received a notice from Google Inc., that they had de-indexed one of blogs after a complaint was filed against it by Saregama India Pvt. Ltd. On December 13, 2018, Google informed us that: “Google has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that some of the material found on your site allegedly infringes upon the copyrights of others. Although some…


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Drug Regulation Patent

Guest Post (Adarsh Ramanujan): Why Donald Trump’s Union Address Matters for Pharma Patents in India

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We’re pleased to bring to you a guest post by Adarsh Ramanujan. Adarsh is an advocate primarily assisting clients as a litigation attorney. He has recently started his own counsel practice with offices in Delhi and Chennai after having spent considerable time with Lakshmikumaran & Sridharan at their New Delhi and Geneva offices. He obtained his B.Sc. LL.B. (Hons.) degree (Gold Medalist) from National Law University, Jodhpur  and LL.M. degree from University of California, Berkeley. He is a qualified Patent Agent…


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Copyright

Draft Intermediary Guidelines Rules will Undermine Fair Dealing and Access to Knowledge Online

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The Ministry of Information Technology has released a draft of proposed changes to the Intermediary Guidelines Rules, 2011, made under Section 79 of the Information Technology Act, 2000 (“IT Act”). Section 79 provides that certain categories of intermediaries which merely host third party content shall not be liable for such third-party content, provided that certain conditions are complied with, which is known as a ‘safe harbour’. Compliance with the Intermediary Guidelines Rules drafted under Section 79 is a pre-requisite to…


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Copyright

A Draft Amendment to the Cinematograph Act could Put You In Jail the Next Time You Record an End-Credits Scene in a Movie Hall

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The Ministry of Information and Broadcasting recently published a draft amendment to the Indian Cinematograph Act of 1952, with the stated aim of countering film piracy. The draft amendment, to Section 7(4) of the Cinematograph Act reads – “Notwithstanding any law for the time being in force including any provision of the Copyright Act, 1957, any person who, during the exhibition of an audiovisual work, cinematographic in an exhibition facility used to exhibit cinematograph   films   or   audiovisual   recordings   and   without  …


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Trademark

Delhi High Court Examines Intermediary Liability for Trademark Infringement (Part – II)

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In my previous post, I broke down Ms. Justice Prathiba Singh’s recent judgement in Christian Louboutin v Nakul Bajaj, and noted its importance for intermediary liability and e-commerce players in India. In this post, I examine the Court’s approach towards intermediary liability, and attempt to outline what exactly the judgement means for e-commerce platforms. (Update: On November 12, the Court also made a similar ruling on similar facts in L’oreal v Brandworld, relying upon its earlier judgement in Christian Louboutin.)…


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Trademark

Delhi High Court Examines Intermediary Liability for Trademark Infringement (Part – I)

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In a significant judgement for e-commerce in India, the Delhi High Court in Christian Louboutin SAS v Nakul Bajaj and Ors., (decided on November 2), has recently attempted to clarify the responsibilities and liability of online intermediaries for trademark infringement. The judgement both clarifies and in some part obfuscates India’s intermediary liability regime as it relates to trademark infringement. Ms. Justice Prathiba Singh’s judgement is particularly important considering it is the first time the issue of trademark infringement by online…


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Overlaps in IP Patent

India’s IPR Regime Looks to Hi-Tech to Improve Administration – From Video Conferencing to AI and Blockchain

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The IPR administrative offices form the backbone of the legal system of India’s IP regimes. The efficacy of the law depends, to a large extent, on how these offices manage their administrative tasks, which includes substantive evaluation of claims over IP, as well as tasks of effectively maintaining registries and public records. We have written, in the past, about many worrying aspects of their administration, such as non-transparent functioning of the Copyright Office, or the skewed incentives system within the…


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Others

SpicyIP Interview Series – Carl Malamud on Gandhi, Satyagraha and Open Access in India

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On the occasion of Mahatma Gandhi’s 149th birth anniversary, we at SpicyIP celebrate by bringing you a conversation with Mr. Carl Malamud – pioneering web archivist, open access advocate, the founder of PublicResource.org and a satyagrahi on a mission to free knowledge from the restraints imposed by archaic laws, institutions and values. Mr. Malamud has been at the forefront of the fight for better access to public knowledge – having taken on (and won against) various US Government agencies like…


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Trademark

“Drugs Are Not Sweets” – Bombay HC Imposes Exemplary Costs for Pharma Trademark Infringement

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In Glenmark Pharmaceuticals Ltd. vs. Curetech Skincare and Anr., Mr. Justice Kathawalla of the Bombay High Court imposed costs of 1.5 crores against the defendant found to be ‘habitually’ committing trademark infringement of pharmaceutical products. The decision is significant for the quantum of damages awarded and the reasoning (or lack thereof) behind the award of exemplary costs. Brief Background The dispute concerns Mumbai-based generics manufacturer Glenmark, and its product Candid – B (an anti-fungal cream). The principal defendant is Galpha…


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Copyright

SpicyIP Tidbit: Madras HC Upholds Copyright Claim on Film Title

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Things tend to go sour when nobody watches the watchdog. This seems to be particularly true of our hon’ble courts when they act in ex parte or undefended suits. In the latest development on this front, the Madras HC, in M/s. Sathya Movies vs M/s.Suresh Production Entertainment Private Limited, has upheld the Plaintiff’s claim that it was entitled to the protection of its film title, ‘Naan Aanaiittaal’, which was registered with the Tamil Film Producers Council. Mr. Justice C. V….


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